Conservative theory threatens Biden climate rule

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Mar 11, 2024 View in browser   By Arianna Skibell A flare burning natural gas at a well in Watford City, North Dakota. | Matthew Brown/AP The Biden administration’s push to curb planet-warming pollution from the oil and gas sector could face trouble from the “major questions” doctrine — a conservative legal theory that the Supreme Court has already used to invalidate another major climate rule. The brewing legal battle could become the latest test of the administration’s authority to fight climate change, write Niina H. Farah and Lesley Clark. The Environmental Protection Agency rule to limit methane emissions, announced last year as part of President Joe Biden’s rollout of U.S. measures during the United Nations climate summit in Dubai, United Arab Emirates, aims to slash 16 million metric tons of annual discharges from oil and gas operations. That’s equivalent to the pollution from driving 100 million cars per year. Methane has 80 times the heat-trapping capability of carbon dioxide over a 20-year period, making it a particularly powerful pollutant. Republican Attorney General Ken Paxton of Texas fired the first shot against the methane regulations, attacking Biden’s policy Friday in the U.S. Court of Appeals for the District of Columbia Circuit. “The EPA is once again trying to seize regulatory authority that Congress has not granted,” Paxton said in a statement. The “onerous” rule usurps the state’s role in setting emissions standards, he added. Rosalie Winn, a senior attorney at the Environmental Defense Fund, countered that the rule is “firmly rooted” in EPA’s authority under the Clean Air Act. The once-obscure legal tool called the "major questions" doctrine garnered prominence in 2022 when the Supreme Court used it — for the first time ever in a majority opinion — to toss out a sweeping Obama administration regulation on climate pollution from power plants. The doctrine says federal agencies must have express permission from Congress to handle especially politically and economically significant issues — though it’s unclear just how “major” a regulation needs to be to trigger this extra judicial scrutiny. Opponents of a wide array of regulations, on topics including pipelines, nuclear waste and highway planning, immediately seized on the doctrine as part of their legal arguments. "It comes up in almost every case now," Michael Burger, who directs Columbia University's climate law center, told Niina and Lesley. "It doesn't seem like there's a particularly strong argument for it, but that's not to say it won't curry favor with some judges." Critics of Biden’s energy and climate policies also argue that implementing the rule would force the closure of hundreds of thousands of low-producing oil and gas wells that are largely operated by small businesses. Kathleen Sgamma, president of the Western Energy Alliance, said that could jeopardize 10 percent of U.S. oil production. Sgamma told Niina and Lesley that the Western Energy Alliance and its broader coalition of trade groups will likely sue as well.   It's Monday — thank you for tuning in to POLITICO's Power Switch. I'm your host, Arianna Skibell, back from the first part of my parental leave and jazzed to jump back into the news with you. Power Switch is brought to you by the journalists behind E&E News and POLITICO Energy. Send your tips, comments, questions to askibell@eenews.net. And folks, let’s keep it classy.   On the ground in Albany. Get critical policy news and analysis inside New York State. Track how power brokers are driving change across legislation and budget and impacting lobbying efforts. Learn more.     Listen to today’s POLITICO Energy podcast Today in POLITICO Energy’s podcast: Adam Aton breaks down why almost every state is developing a climate change plan, even Republican-led ones that have shown little interest in climate action. Power Centers President Joe Biden preparing to board Air Force One. | Evan Vuicci/AP A guide to Biden's budget request Biden unveiled a $7.3 trillion budget proposal today that seeks to boost funding for a bevy of clean energy and climate programs, writes Robin Bravender. The president's wish list for fiscal 2025 is unlikely to be enacted as drafted in part because it's certain to face sharp opposition from Republican lawmakers. (Curious how? Caitlin Emma and Jennifer Scholtes break down the seven biggest fights Biden’s budget plan picks with Republicans.) Still, the proposal offers an inside look at Biden's climate agenda as he prepares to battle former President Donald Trump in November. Is nuclear power enough? Forget Hollywood’s “Oppenheimer,” which dominated at the Oscars and renewed calls for reducing the threat of nuclear weapons worldwide. A different kind of nuclear energy is gaining momentum in Washington, write James Bikales and Catherine Morehouse. New legislation and rules from the Biden administration are boosting a bipartisan push for nuclear power, which has suffered major setbacks despite advocates’ decadeslong predictions that the industry was on the brink of a renaissance. Lawsuits embroil Wall Street climate rule Republican-led states and energy companies wasted no time filing suit against a Securities and Exchange Commission climate rule the agency approved last week, writes Lesley Clark. The measure would require public companies to divulge details about their climate risk. The challenges come despite the SEC’s move to dramatically roll back its original proposal. In Other News Changing times: Maple syrup season came weeks early in the Midwest. Producers are doing their best to adapt. See ya later, winter: Spring started early this year as winter in the U.S. was the warmest on record. Subscriber Zone A showcase of some of our best subscriber content. Arizona state Sen. Anthony Kern, seen here in the state Capitol earlier this year, is among the Republican sponsors of legislation to ban public spending on climate action. | Ross D. Franklin/AP Arizona Republicans have included climate spending in a sweeping bill that seeks to ban a bevy of conspiracy-driven activities, such as attempts to replace meat with bugs or limit clothing ownership. BP said its overall carbon dioxide emissions rose last year for the first time since 2019, raising questions about the company’s ability to meet its net-zero climate pollution targets. Biden proposed a slight boost to the Energy Department as part of his fiscal 2025 budget request — signaling a continued focus on climate and environmental justice issues if he is reelected in November. That's it for today, folks! Thanks for reading.   DON’T MISS POLITICO’S HEALTH CARE SUMMIT: The stakes are high as America's health care community strives to meet the evolving needs of patients and practitioners, adopt new technologies and navigate skeptical public attitudes toward science. Join POLITICO’s annual Health Care Summit on March 13 where we will discuss the future of medicine, including the latest in health tech, new drugs and brain treatments, diagnostics, health equity, workforce strains and more. REGISTER HERE.       Follow us on Twitter Arianna Skibell @ariannaskibell   Follow us

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